Las Vegas welcomes millions of visitors, and many rent cars to travel between hotels, attractions, restaurants, national parks, and surrounding cities. When a rental vehicle causes a collision, the resulting insurance claim can quickly become more complicated than an ordinary crash.
The driver may live in another state or country. The rental company may own the vehicle. The renter may have purchased optional insurance, relied on a personal auto policy, or used credit-card benefits. Another authorized driver may have been behind the wheel.
Determining who pays can require reviewing several policies and contracts.
Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve.
Federal law also limits certain forms of vicarious liability against rental vehicle companies merely because they own the vehicle, commonly referred to as the Graves Amendment. That does not mean rental companies are immune from every claim.
Why Rental Car Accidents Happen
Tourists may be unfamiliar with:
- I-15 exits
- Resort entrances
- One-way streets
- Construction
- Airport roads
- Local traffic patterns
Common causes include:
- Distracted navigation
- Last-second lane changes
- Speeding
- Failure to yield
- DUI
- Fatigue
- Confusion
The Rental Driver
The negligent driver is usually the primary focus.
Possible negligence includes:
- Running a red light
- Rear-ending another vehicle
- Unsafe lane change
- Wrong-way driving
- Distracted driving
- Impaired driving
Their liability insurance may be the first source examined.
Personal Auto Insurance
Some renters have personal auto policies that extend certain coverage to rental vehicles.
Whether coverage applies depends on:
- Policy language
- Named insured
- Vehicle type
- Territory
- Exclusions
Coverage should never be assumed without reviewing the actual policy.
Rental Company Coverage
A renter may purchase optional liability or damage products.
The names and terms vary.
Documents to preserve include:
- Rental agreement
- Optional coverage elections
- Receipts
- Reservation confirmation
Credit Card Coverage
Some credit cards provide benefits involving rental vehicles.
These benefits often relate more directly to damage to the rental car than bodily injury liability, but terms vary significantly.
The card agreement should be reviewed carefully.
Unauthorized Drivers
Problems can arise when someone not listed on the agreement is driving.
The rental company or insurer may dispute coverage.
However, lack of authorization under the contract does not automatically mean an injured third party has no options.
The driver’s own insurance and other coverage may still matter.
Rental Company Negligence
Federal law generally limits claims based solely on rental company ownership, but a rental company may potentially face liability for its own negligence.
Examples could involve:
- Renting a vehicle with known dangerous defects
- Negligent maintenance
- Failing to repair unsafe brakes
- Providing a vehicle with dangerously worn tires
The exact facts are critical.
Mechanical Failure
If the renter reports that the crash resulted from:
- Brake failure
- Steering problems
- Tire failure
- Lighting defects
the rental vehicle should be preserved for inspection when injuries are serious.
Repair history may become important.
Out-of-State Drivers
An out-of-state driver can still be subject to claims arising from a Nevada collision.
Jurisdiction, service, insurance, and litigation issues may become more complicated, but the driver does not avoid responsibility simply because they returned home after vacation.
International Visitors
International renters can create additional issues involving:
- Foreign licensing
- Insurance
- Contact information
- Rental agreements
- Service of process
Promptly obtaining complete identifying information is especially important.
Hit-and-Run Rental Vehicles
If a rental car flees, identifying information may eventually lead investigators to the rental company.
Surveillance, plate numbers, and witnesses can help identify:
- The rental company
- Renter
- Authorized drivers
Evidence
Important evidence includes:
- Police reports
- Rental agreement
- Driver’s license information
- Insurance cards
- Vehicle photographs
- Reservation records
- Witness statements
- Surveillance footage
- Vehicle electronic data
Common Injuries
Rental car crashes may cause:
- Whiplash
- Brain injuries
- Spinal injuries
- Fractures
- Shoulder injuries
- Knee injuries
- Internal trauma
Comparative Negligence
An insurer may argue that both drivers contributed.
Nevada comparative-negligence principles may apply.
Fault should be based on evidence, not on the fact that one driver was a tourist.
Compensation
Potential damages include:
- Medical expenses
- Future treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent impairment
How The Firm Helps
Preston Rezaee, Esq., and The Firm assist victims by:
- Identifying the renter
- Obtaining rental records
- Reviewing insurance policies
- Investigating rental-company negligence
- Preserving vehicle evidence
- Communicating with out-of-state insurers
- Documenting medical damages
- Filing suit when necessary
Why Acting Quickly Matters
Rental vehicles may be repaired and returned to service rapidly.
The renter may leave Nevada immediately.
Rental and surveillance records should be preserved before they become difficult to obtain.
Conclusion
A rental car accident can involve much more than the driver who caused the crash. Personal insurance, rental-company coverage, contracts, optional protection products, mechanical defects, and out-of-state parties may all affect recovery.
A thorough investigation can help identify every available source of compensation.
The information provided in this article is for general informational purposes only and is not intended to constitute legal advice. The content is based on the author’s understanding of the subject matter at the time of writing and is not tailored to the specific circumstances of any individual or entity.
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